Edwards (Whakat�hea Stage Two) No. 7

In the case of Re Edwards (Whakatōhea Stage Two) No. 7, the High Court of New Zealand, Wellington Registry, was tasked with considering recognition orders for Customary Marine Title (CMT) and Protected Customary Rights (PCR) under the Marine and Coastal Area (Takutai Moana) Act 2011. The applicants, various Māori groups, sought recognition of their traditional rights and interests in specific marine areas. The legal issues included the effect of the Act on tikanga, the delineation of wāhi tapu, and the impact of third-party structures and infrastructure on the applicants' rights. The Court held that the Ōpōtiki Harbour Development Project substantially interrupted the applicants' holding of the relevant area in accordance with tikanga, necessitating its exclusion from the CMT order. The Court also clarified the unique legal status of the common marine and coastal area (CMCA) and the requirements for CMT and PCR orders, emphasizing the need for accurate maps and survey plans. The Court directed the successful applicants to supplement their evidence and set a case management conference for further proceedings. The decision highlighted the complexities of balancing traditional tikanga with statutory requirements and the need for precise delineation of rights and boundaries in the takutai moana.